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Garcia v. De Anda-Ybarra — Court denies habeas relief from mandatory immigration detention

Unreported / Non-Citable

Case
Ely Josue Garcia v. Mary De Anda-Ybarra, Field Office Director of Enforcement and Removal Operations El Paso Field Office, Immigration and Customs Enforcement; Warden of DE ERO, El Paso Procession; Todd M. Lyons, in His Official Capacity as Acting Director, Immigration and Customs Enforcement; U.S. Department of Homeland Security; Mark Wayne Mullin, in His Official Capacity as Secretary, U.S. Department of Homeland Security; and Andante Blanche, in His Official Capacity as Acting Attorney General of the United States
Court
U.S. District Court for the Western District of Texas, El Paso Division
Judge
Leon Schydlower
Date Decided
October 29, 2026
Docket No.
3:26-cv-02581-LS
Topics
Immigration Detention; Habeas Corpus; Due Process; Mandatory Detention

Background

Ely Josue Garcia, a Venezuelan citizen in removal proceedings without a final removal order, petitioned for a writ of habeas corpus under 28 U.S.C. § 2241. He sought release from immigration custody, joining more than 700 petitioners who had filed similar challenges in the Western District of Texas.

Garcia challenged his detention on several grounds. He argued that he was entitled to a bond hearing under 8 U.S.C. § 1226(a), that mandatory detention under 8 U.S.C. § 1225(b)(2)(A) violated due process, and that relief was warranted under the Administrative Procedure Act, United States ex rel. Accardi v. Shaughnessy, the Fourth Amendment, and the Constitution’s Suspension Clause.

The Court’s Holding

The court denied the habeas petition. Applying the Fifth Circuit’s decision in Buenrostro-Mendez v. Bondi, it held that Garcia was subject to mandatory detention under § 1225(b)(2)(A) because he had not shown that he was “clearly and beyond a doubt entitled to be admitted.” That precedent foreclosed his argument that § 1226(a) entitled him to a bond hearing. The Fifth Circuit’s en banc decision in Sosnava Rodriguez v. Vergara likewise foreclosed his due-process challenge to mandatory detention.

The court also rejected Garcia’s remaining theories. Because § 1225(b)(2)(A) mandated detention, there was no final unlawful agency action supporting an APA or Accardi claim. The court held that it lacked jurisdiction under 8 U.S.C. § 1252(g) to review claims arising from the decision to commence removal proceedings and that an allegedly unlawful arrest did not undermine the legality of detention during those proceedings. Finally, the denial of habeas relief on the merits did not violate the Suspension Clause because the writ remained available for courts to adjudicate. The court denied all pending motions as moot and ordered the case closed.

Key Takeaways

  • Under binding Fifth Circuit precedent, a person in removal proceedings who cannot show clear entitlement to admission is subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A), rather than discretionary detention and a bond hearing under § 1226(a).
  • The Fifth Circuit’s en banc decision in Sosnava Rodriguez foreclosed the claim that mandatory detention under § 1225(b)(2)(A) violates due process.
  • Challenges to an immigration arrest do not establish that continued detention is unlawful, and denial of habeas relief on the merits does not amount to suspension of the writ.

Why It Matters

The decision shows how two recent Fifth Circuit rulings control pre-removal-order detention challenges in Texas federal courts. Within the circuit, noncitizens covered by § 1225(b)(2)(A) cannot obtain habeas relief merely by asserting a right to a § 1226(a) bond hearing or a due-process objection to mandatory detention.

The opinion also limits attempts to recast the same detention challenge under the APA, Accardi doctrine, Fourth Amendment, or Suspension Clause when the governing statute mandates custody and habeas review remains available.

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